36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)

R208 Detectable Warning Surfaces (Section-by-Section Analysis)

Detectable warning surfaces consist of small truncated domes built in or applied to a walking surface that are detectable underfoot. On pedestrian access routes, detectable warning surfaces indicate the boundary between a pedestrian route and a vehicular route where there is a flush rather than a curbed connection for pedestrians who are blind or have low vision. Detectable warning surfaces are not intended to provide wayfinding for pedestrians who are blind or have low vision. An advisory section provides information on streetscape designs that can make wayfinding easier. Detectable warning surfaces must be provided at the following locations on pedestrian access routes and at transit stops:

• Curb ramps and blended transitions at pedestrian street crossings;

• Pedestrian refuge islands;

• Pedestrian at-grade rail crossings not located within a street or highway;

• Boarding platforms at transit stops for buses and rail vehicles where the edges of the boarding platform are not protected by screens or guards; and

• Boarding and alighting areas at sidewalk or street level transit stops for rail vehicles where the side of the boarding and alighting areas facing the rail vehicles is not protected by screens or guards.

Detectable warning surfaces are not required at pedestrian refuge islands that are cut-through at street level and are less than 1.8 meters (6 feet) in length in the direction of pedestrian travel because detectable warning surfaces must extend 610 millimeters (2 feet) minimum on each side of the island and be separated by a 610 millimeters (2 feet) minimum length of island without detectable warning surfaces (see R305.1.4 and R305.2.4). Installing detectable warning surfaces at cut-through pedestrian islands that are less than 1.8 meters (6 feet) in length would compromise the effectiveness of detectable warning surfaces. An advisory section recommends that where a cut-through pedestrian island is less than 1.8 meters (6 feet) in length and the pedestrian street crossing is signalized, the signal should be timed for a complete crossing of the street.

Comments from Individuals Who Are Blind or Have Low Vision (Section-by-Section Analysis)

The National Federation of the Blind was a member of the advisory committee that recommended the proposed guidelines, but filed a minority report recommending detectable warning surfaces should be required only on curb ramps with slopes of 6.6 percent or less, and at medians and pedestrian refuge islands. Comments on the 2002 draft guidelines from individuals who identified themselves as blind or having low vision supported requiring detectable warning surfaces on all curb ramps by a margin of 2:1.

Detectable Warning Surfaces on Curb Ramps (Section-by-Section Analysis)

When the Access Board issued the 1991 ADAAG, the guidelines contained a requirement for detectable warning surfaces on curb ramps. The requirement was temporarily suspended between 1994 and 2001 pending additional research and review of issues relating to requirement. The Access Board deferred addressing detectable warning surfaces on curb ramps in the 2004 ADA and ABA Accessibility Guidelines pending completion of the guidelines for pedestrian facilities in the public right-of-way. As a result of these actions, there are different requirements for detectable warning surfaces on curb ramps in the accessibility standards included the regulations issued by the Department of Justice implementing Title II of the Americans with Disabilities Act and by the Department of Transportation implementing Section 504.

When the Department of Justice initially issued regulations in 1991 implementing Title II of the Americans with Disabilities Act, the regulations required state and local governments to use accessibility standards (hereinafter referred to as the “DOJ 1991 Standards”) that included the 1991 ADAAG which contained a requirement for detectable warning surfaces on curb ramps, or the Uniform Federal Accessibility Standards (UFAS) which did not contain a requirement for detectable warning surfaces on curb ramps.²⁸  When the Department of Justice adopted the DOJ 2010 Standards, those standards included the 2004 ADA and ABA Accessibility Guidelines which do not contain a requirement for detectable warning surfaces on curb ramps.

The Department of Transportation regulations implementing Section 504 require state and local governments that receive federal financial assistance directly or indirectly from the Department to use accessibility standards that include the 2004 ADA and ABA Accessibility Guidelines, as modified by the Department, or UFAS. See 49 CFR 27.3 (b). The Department of Transportation modified the 2004 ADA and ABA Accessibility Guidelines by retaining certain requirements from the 1991 ADAAG, including the requirement for detectable warning surfaces on curb ramps. See 406.8 in Appendix A to 49 CFR part 37.

State and local transportation departments will be affected differently by the requirement in the proposed guidelines for detectable warning surfaces on curb ramps depending on the accessibility standards that they use for curb ramps in the public right-of-way. The Access Board reviewed the standard drawings for the design of curb ramps on state transportation department websites and found that the transportation departments in all 50 states and the District of Columbia specify detectable warning surfaces on curb ramps in the standard drawings.²⁹  Most local transportation departments use standard drawings for the design of curb ramps that are consistent with the standard drawings maintained by their state transportation departments. These state and local transportation departments use either the DOJ 1991 Standards, which include the 1991 ADAAG requirement for detectable warning surfaces on curb ramps, or the Department of Transportation accessibility standards, which include the 2004 ADA and ABA Accessibility Guidelines as modified by the Department to include the requirement from the 1991 ADAAG for detectable warning surfaces on curb ramps.³⁰

²⁸UFAS was issued in 1984 by the General Services Administration and other federal agencies responsible for issuing accessibility standards for facilities covered by the Architectural Barriers Act. See 49 FR 31528 (August 7, 1984).

²⁹Links to each state transportation department’s standard drawings that specify detectable warning surfaces on curb ramps are available on the Access Board website at: https://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-rights-of-way/background/state-dot-curb-ramp-standard-drawings-with-detectable-warning-details.

³⁰The DOJ 1991 Standards require detectable warning surfaces to extend the full width and depth of the curb ramp (see 4.7.7, Appendix E to 28 CFR part 36). The Department of Transportation standards require detectable warning surfaces to extend the full width of the curb ramp (exclusive of flared sides) and either the full depth of the curb ramp or 24 inches deep minimum measured from the back of the curb on the ramp surface (see 406.8, Appendix A to 49 CFR part 37). Guidance issued by the Department of Justice permits the use of the Department of Transportation standards for detectable warning surfaces on curb ramps. See Department of Justice, “ADA Best Practices Tool Kit for State and Local Governments, Curb Ramps and Pedestrian Crossings” (May 7, 2006) at: http://www.ada.gov/pcatoolkit/toolkitmain.htm.

Governmental Units Affected (Section-by-Section Analysis)

State and local transportation departments are divided into four groups for the purpose of evaluating the impacts of the requirement in the proposed guidelines for detectable warning surfaces on curb ramps:

• Group 1 consists of state and local transportation departments that use UFAS for curb ramps as currently permitted by the Department of Justice and Department of Transportation regulations implementing Title II of the Americans with Disabilities Act and Section 504. UFAS did not contain a requirement for detectable warning surfaces on curb ramps. The Access Board is not aware of any state or local transportation departments that use UFAS. The Department of Justice regulations do not permit the use of UFAS on or after March 15, 2012. See 28 CFR 35.151 (c) (3). Thus, Group 1 will cease to exist as of March 15, 2012, and any state and local transportation departments currently in Group 1 will fall into one of the other groups.

Question 4. The Access Board seeks information on whether any state and local transportation departments currently use UFAS for curb ramps in the public right-of-way.

• Group 2 consists of state and local transportation departments that receive federal financial assistance directly or indirectly from the Department of Transportation. State and local transportation departments in Group 2 are required to comply with the accessibility standards in the Department of Justice regulations implementing Title II of the Americans with Disabilities Act and the Department of Transportation regulations implementing Section 504. Where the requirements in the accessibility standards in the Department of Justice and Department of Transportation regulations differ, the more stringent requirement must be used. Excluding any state and local transportation departments in Group 1, state and local transportation departments in Group 2 must comply with the requirement for detectable warning surfaces on curb ramps in the Department of Transportation regulations because it is the more stringent requirement. All state transportation departments and most local transportation departments are in Group 2 and specify detectable warning surfaces on curb ramps in their standard drawings. The requirement in the proposed guidelines for detectable warning surfaces on curb ramps will not have any impacts on state and local transportation departments in Group 2.

• Group 3 consists of local transportation departments that do not receive federal financial assistance directly or indirectly from the Department of Transportation. Local transportation departments in Group 3 are required to comply only with the accessibility standards in the Department of Justice regulations implementing Title II of the Americans with Disabilities Act. Excluding any local transportation departments in Group 1, local transportation departments in Group 3:

  • a) Used the DOJ 1991 Standards, which include the 1991 ADAAG and contain a requirement for detectable warning surfaces on curb ramps, before September 15, 2010. See 28 CFR 35.151 (c) (1).
  • b) Are permitted to use the DOJ 1991 Standards, which include the 1991 ADAAG and contain a requirement for detectable warning surfaces on curb ramps, or the DOJ 2010 Standards, which include the 2004 ADA and ABA Accessibility Guidelines and do not contain a requirement for detectable warnings on curb ramps, between September 15, 2010 and March 14, 2012. See 28 CFR 35.151 (c) (2).
  • c) Must use the DOJ 2010 Standards, which include the 2004 ADA and ABA Accessibility Guidelines and do not contain a requirement for detectable warnings on curb ramps, on or after March 15, 2012. See 28 CFR 35.151 (c) (3).

Thus, local transportation departments in Group 3 were required to provide detectable warning surfaces on curb ramps before September 15, 2010; may or may not be required to provide detectable warning surfaces on curb ramps between September 15, 2010 and March 14, 2012 depending on the accessibility standard they use (DOJ 1991 Standards or DOJ 2010 Standards); and are not required to provide detectable warning surfaces on curb ramps on or after March 15, 2012 pending the future adoption of accessibility standards for pedestrian facilities in the public right-of-way by the Department of Justice.

Question 5. The Access Board seeks information on whether local transportation departments in Group 3 will continue or discontinue providing detectable warning surfaces on curb ramps in the public right-of-way pending the future adoption of accessibility standards for pedestrian facilities in the public right-of-way by the Department of Justice.

• Group 4 consists of state and local transportation departments that do not comply with accessibility standards for curb ramps in the public right-of-way. The Department of Justice and Federal Highway Administration have provided guidance on accessibility standards that apply to curb ramps in the public right-of-way, including the requirement for detectable warning surfaces.³¹  Despite the guidance provided by the Department of Justice and the Federal Highway Administration on the accessibility standards that apply to curb ramps in the public right-of-way, there may be state and local transportation departments that do not comply with the standards.

Question 6. Comments are requested on whether the future adoption of accessibility standards for pedestrian facilities in the public right of way by the Department of Justice and Department of Transportation in regulations implementing Title II of the Americans with Disabilities Act and Section 504 will have a positive or negative effect, or no effect on the compliance rates of state and local transportation departments, particularly with respect to providing detectable warning surfaces on curb ramps.

Question 7. The Access Board seeks information on the number of curb ramps that are constructed or altered on an annual basis in the public right-of-way by state and local transportation departments.

³¹See Department of Justice, “ADA Best Practices Tool Kit for State and Local Governments, Curb Ramps and Pedestrian Crossings” (May 7, 2006) at: http://www.ada.gov/pcatoolkit/toolkitmain.htm; and Federal Highway Administration, “Information on Detectable Warnings” (May 6, 2002) at: http://www.fhwa.dot.gov/environment/bikeped/dwm.htm .

Costs to Provide Detectable Warning Surfaces on Curb Ramps (Section-by-Section Analysis)

Detectable warning surfaces are available in a variety of materials. The Volpe Center gathered data from local transportation departments and vendors on various detectable warning materials and estimated the costs of 8 square feet of the materials for a typical curb ramp as shown in the table below. The estimates do not include installation costs.

Question 8. The Access Board seeks additional information on the costs for detectable warning materials (8 square feet) and installation of the materials on a typical curb ramp.

Detectable Warning Surfaces on Boarding Platforms Used by Buses and Rail Vehicles, and Boarding and Alighting Areas Used by Rail Vehicles (Section-by-Section Analysis)

The 1991 ADAAG and 2004 ADA and ABA Accessibility Guidelines contain a requirement for detectable warning surfaces on rail platforms.³²  The proposed guidelines adapt this requirement to transit stops in the public right-of-way, and require detectable warning surfaces on boarding platforms at transit stops for buses and rail vehicles (i.e., raised platforms used for level boarding by bus rapid transit systems and light rail systems) and at boarding and alighting areas at sidewalk or street level transit stops for rail vehicles. Detectable warning surfaces are not required where the edges of the boarding platform or the boarding and alighting areas facing the rail vehicles are protected by screens or guards.

³²See 1991 ADAAG, 10.3.1 (8); and 2004 ADA and ABA Accessibility Guidelines, 810.5.2.

Durability and Maintenance of Detectable Warning Surfaces (Section-by-Section Analysis)

Transportation officials who commented on the 2002 draft guidelines expressed concern about the durability and maintenance of detectable warning surfaces. The National Cooperative Highway Research Program (NCHRP) has conducted two studies on the durability and maintenance of detectable warning surfaces. The first study was completed in 2005 and reviewed performance information submitted by state and local transportation departments.³³  The performance information was limited in terms of the products reviewed and time period of review (about 2 years). The study noted that there were new promising detectable warning products on the market, and recommended that test methods be developed for evaluating the long-term performance and durability of the products. The second study was completed in 2010 and recommended procedures for testing and evaluating detectable warning products.³⁴  The test methods can be used by state and local transportation departments to select detectable warning products that will provide long-term performance and durability under different environmental conditions. Many state and local transportation departments have evaluated and approved detectable warning products that are suited to their environments.

³³“Synthesis of Maintenance and Durability Information for Detectable Warnings on Sidewalks” March 2005 at: http://maintenance.transportation.org/Documents/DetectableWarning20‒7%28177%29.pdf.

³⁴“Procedures for Testing and Evaluating Detectable Warning Systems” March 2010 at: http://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_670.pdf.